Ukraine plans to abolish criminal liability for voluntary desertion and desertion
On Tuesday, August 20, the parliament adopted a law that proposes not to impose punishment for the first voluntary abandonment of a military unit (SZCH) or desertion, if the soldier returned on his own and the commander allowed him to continue his service, the People's Daily reported Deputy Yaroslav Zhelezniak. Legislative initiative No. 11322 was adopted by 270 votes of deputies. The purpose of the law is to improve criminal legislation under martial law, in particular, to create legal mechanisms to exempt servicemen of the Armed Forces of Ukraine from criminal liability for certain military offenses.
Updates in the legal base
Amendments to Article 401 of the Criminal Code provide that during martial law, a person who has committed a criminal offense for the first time (voluntarily leaving a unit or desertion) may be released from criminal liability if, before the completion of the pre-trial investigation or legal process, she will voluntarily report her desire to continue military service. In addition, the procedure for consideration of the prosecutor's request for exemption from criminal liability in such cases is specified.
It is also noted that persons who are suspected of voluntarily leaving the unit or desertion may request to change their preventive measure to service during mobilization. However, such changes are not foreseen for persons who have committed serious crimes.
Amendments to the Law "On Military Duty and Military Service" also include the suspension of military service for servicemen who voluntarily left the unit, deserted or surrendered, based on the statement of the head of the relevant military administration body law enforcement services in the Armed Forces about the commission of a criminal offense.
Critical indicators of voluntary desertion and desertion
In the period from January to April 2024, 10,584 criminal proceedings were opened under Article 407 of the Criminal Code (voluntarily leaving a military unit or place of service) and 7,306 proceedings under Article 408 of the Criminal Code (desertion).
In general, law enforcement agencies are investigating about 19,000 criminal cases for military offenses.
Lawyer's consultation in the event of a felony and desertion
Legal advice in cases of desertion and desertion is important for the proper protection of rights and interests. A lawyer can provide detailed explanations about the legal consequences of such actions, help in assessing possible sanctions and offer effective defense strategies. It is important to get professional help in order to correctly navigate legislative changes, avoid mistakes in the investigation process and ensure the maximum possible benefit in court proceedings.
Legal opinion to protect the rights of servicemen in Kyiv
A legal opinion for the protection of the rights of military personnel in Kyiv involves a comprehensive analysis of the situation, which includes providing advice on rights and obligations, preparing and submitting appeals or complaints about sanctions, as well as representation in court proceedings . The lawyer ensures the preparation of the necessary documents, advises on preventive measures to avoid legal problems, and provides comprehensive legal support for the effective protection of the rights of military personnel.
Current questions - answers
Questions
What are the main changes proposed regarding criminal liability for desertion and desertion?
Answer
It is proposed to abolish criminal responsibility for the first voluntary leaving the unit and desertion, if the person voluntarily returned and the commander allowed him to continue his service. The legislative changes provide that the criminal prosecution will be withdrawn provided that the serviceman has expressed his intention to continue his service until the conclusion of the pre-trial investigation or trial.
Questions
What conditions must be met in order to avoid criminal liability for voluntary desertion or desertion?
Answer
In order to avoid criminal liability, a person must voluntarily return to the service and continue the service. In addition, it is necessary that the commander authorizes such extension of service. The law provides that this decision will be made after the serviceman's return to service.
Questions
Are there any limitations or exclusions for a person who voluntarily left a unit or committed a desertion?
Answer
Yes, the law does not apply to persons who have committed serious criminal offenses such as murder, robbery or robbery. For such persons, there is no possibility to avoid criminal liability for desertion or voluntary abandonment of the unit.
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Parliament adopted bill No. 11322, which abolishes criminal responsibility for the first voluntary desertion or desertion, provided that the soldier returned on his own and the commander allowed him to continue his service. The law was adopted by 270 votes of deputies and aims to improve criminal legislation under martial law, including clarification of procedures for exemption from criminal liability. The changes provide for the possibility of avoiding criminal liability on the condition of voluntary return to service, but do not apply to persons who have committed serious crimes. Legal advice in such cases is critically important for the proper protection of the rights of servicemen. Desertion lawyer 408 СС, desertion of Ukraine, desertion of a contractor, 408 of the Criminal Code.
